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Home My WebLink AboutPC Res 11-15 - 2011-07-11RESOLUTION NO. 11 -15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 11 -3 FOR THE CONSTRUCTION OF A NON - HABITABLE ARCHITECTURAL FEATURE FOR A COVERED ROOF ACCESS STRUCTURE AT C -6 SURFSIDE AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On May 23, 2011, Mr. Steven Sennikoff ( "the applicant ") submitted an application for Minor Use Permit 11 -3. The proposed project would allow for the construction of a non - habitable architectural feature in excess of the 35 -foot height limit. Specifically, the applicant proposes to construct a 7' -10" by 11' -10" Covered Roof Access Structure (CRAS) to exceed the height limit by approximately 4'- 1 "; 7 feet is the maximum height allowed beyond the height limit through a Minor Use Permit. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and § ILA of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Use Permit 11 -3 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15301(e)(1) (Existing Structures), because the application is for the construction of a non - habitable architectural feature in conjunction with an existing dwelling. Section 3. A duly noticed public hearing was held before the Planning Commission on July 20, 2011 to consider Minor Use Permit 11 -3. At the public hearing, the Planning Commission received into the record all evidence and testimony provided on this matter. Section 4. The record of the hearing indicates the following: (a) On May 23, 2011, the applicant submitted an application for Minor Use Permit 11 -3. (b) The applicant is requesting to construct an approximately 7' -10" by 11' -10" CRAS to exceed the height limit by approximately 4' -1" at C -6 Surfside Avenue; 7 feet is the maximum height variation permitted. 1 of 4 Planning Commission Resolution No. 11 -15 v Minor Use Permit 11 -3 C -6 Surfside July 20, 2011 (c) The subject property is rectangular in shape with a lot area of approximately 987.5 square feet. The property is 25.0' wide by 39.50' deep. (d) The surrounding land uses and zoning are as follows: NORTH, SOUTH, Single family dwellings located in the Residential Low EAST, & WEST Density Zone (RHD -9 - Surfside). (e) The proposed CRAS will have roof lines, roofing material, and siding that is architecturally compatible with the remodeled dwelling. (f) The proposed elevator enclosure comprises approximately 100 square feet (total footprint including roof structure). Of the 100 square feet, approximately 20 square feet is designated as a new storage area, presumably for roof deck chairs, umbrellas, and other patio items. The portion of the CRAS that exceeds the 35' -0" height is located approximately 2' -0" from the west side roof deck wall; 8' -0" from the rear deck wall; 19' -0" from the front deck wall' and approximately 4' -6" from the east side deck wall. Section 5. Based upon the evidence in the record, including the facts stated in Section 4 of this resolution and pursuant to Section 11.2.05.015.A.3 of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Use Permit 11 -3, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Low Density Residential" designation for the subject property and permits single family residential uses. The use is also consistent with the remaining elements of the City's General Plan as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The proposed non - habitable architectural feature, as conditioned, is architecturally in keeping with the existing structure, with the roof pitch, roofing materials and siding architecturally compatible with that of the remainder of the structure. (c) The proposed non - habitable architectural feature, as conditioned, is appropriate for the character and integrity of the surrounding neighborhood. structure. (d) No habitable living space is provided within the 2 of 4 Planning Commission Resolution No. 11 -15 Minor Use Permit 11 -3 C -6 Sursside July 20, 2011 (e) The proposed non - habitable architectural feature, as conditioned, does not significantly impair the primary view of any property located within 300 feet of the subject property. Section 6. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 11 -3, subject to the following conditions: 1. Minor Use Permit 11 -3 is approved for the construction of a non - habitable architectural feature for an approximately 100 square foot Covered Roof Access Structure (total footprint including roof structure) that is approximately 4' -1" in excess of the 35 -foot height limit at C -6 Surfside Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through Minor Use Permit 11 -3. All new construction shall comply with all applicable sections of the City's Zoning Code. 3. There shall be no habitable space permitted within the Covered Roof Access Structure. 4. Roof pitches and exterior finishes of the Covered Roof Access Structure shall be compatible with existing roof pitches and exterior finishes. 5. Building permits shall be obtained for all new construction requiring such permits. 6. This Height Variation shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 7. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Height Variation, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 3 of 4 Planning Commission Resolution No. 11 -15 Minor Use Permit 11 -3 C -6 Surfside July 20, 2011 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 20th day of July 2011, by the following vote: AYES: Commissioners Massa- Lavitt, Cummings, Everson, and Galbreath NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None Mark ersico, AICP Secretary, Planning Commission 4 of 4 hair Sandra Massa -Lavitt Chairperson, Planning Commission